Aztec Corp. v. Tubular Steel, Inc.
Texas Court of Appeals
758 S.W.2d 793 (1988)
Tubular Steel, Inc. (Tubular) (plaintiff) distributed steel pipes. Tubular received an order for pipe from Peabody with precise specifications, including long thread and accompanying certificates of the pipe’s composition. Tubular ordered the pipe from Aztec Corp. (defendant), specifying the particulars and deadline required by Peabody. Tubular’s order was documented in a purchase order. Tubular wire-transferred the contract price of $64,739 to Aztec. The pipe that arrived at the designated shipping port, however, did not meet Peabody’s specifications and Tubular’s order. The pipe was not correctly threaded and was unaccompanied by certificates. Tubular rejected the goods and was unable to resell them. Aztec refused to refund the contract price. According to Tubular, it also incurred an extra $2,586 to obtain substitute goods (“cover”) and $3,400 in incidental expenses to deal with the nonconforming goods. Tubular sued Aztec, seeking the price it paid to Aztec and cost of cover and incidental expenses. In a jury trial, it was uncontroverted that the contract price had been $64,739. Tubular also presented witness testimony and documentary evidence to support its additional costs. The jury found that there was a contract between Tubular and Aztec, under which Aztec delivered nonconforming goods and caused Tubular damages. The jury awarded Tubular $35,000 in damages. Aztec appealed, arguing that Tubular should have mitigated damages by rethreading the pipe.
Rule of Law
Holding and Reasoning (Murphy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.